It is difficult to run a partnership without there being disagreements from time to time. Partnership disputes are often the most complex disputes and without a formal partnership agreement, the legislation is as old as the Partnership Act 1890.
It is inevitable that partners, directors and shareholders and LLP’s will encounter disputes.
Our team of experts now experience of all kinds of disputes. Commonly these disputes involve:-
Management and personality conflicts. Partners’ objectives often change as the business develops. If the dispute goes to the core of the business and cannot be resolved, it may be possible to expel one partner and allow the others to continue the business or dissolve the partnership to make sure each partner gets their fair share from the business they have helped to build;
Secret profits from the partnership without the consent of his fellow partners. The remedy may justify expulsion or at least paying the profits back into the business; and
Problems may also arise after the initial dispute is dealt with where one or both partners may wish to continue or start a new business.
These disputes may be between the directors, between the directors and shareholders or between the shareholders. Our team of experts have experience of all kinds of disputes. Commonly these disputes involve:-
Directors’ conduct. Directors are expected to act in the best interests of the company as set out in the Companies Act 2006 and the common law but often they have disputes between themselves which may divert time and resources away from the core objectives of growth and success.
Shareholders with the directors or other shareholders. Disputes often arise where the majority of shareholders disagree with the minority, such disputes may lead to one set of shareholders bullying the others out or to the winding up of the company.
How can we help?
The above disputes may divert management time, resources and money away from the core objectives of a business, some times placing individuals under tremendous strain. We have the expertise, resources and innovative thinking to work with our clients to deliver an appropriate and cost effective solution to these disputes. We are innovative to working with you to plan and fund these disputes and may share some of the risk of costs with you.
Our prime concern is to guide you away from disputes where we can but where conflict is inevitable, our strategies will resolve the dispute as quickly, practically and commercially as possible using the appropriate forum. This forum may be something other than court proceedings such as mediation, arbitration or expert determination.
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